Nguyen, Van Thai

Applicant, a restaurant server employed from June 19, 2002 to May 1, 2011, claimed cumulative injury to multiple body parts. The WCJ found a single cumulative injury with a section 5412 date of injury of 2011 and a section 5500.5 liability period commencing in 2010, rejecting Mitsui Sumitomo's argument that the date of injury was no later than April 18, 2008 based on 2008 self-procured treatment. The WCAB granted reconsideration and affirmed the WCJ's decision that compensation was not barred by the section 5405 statute of limitations, holding that prescription of wrist splints, physical therapy, and medication in 2008 without wage loss or work restrictions did not establish compensable disability, and that knowledge that work exacerbated symptoms is not equivalent to knowledge of work-causation of a cumulative injury. The Board amended the decision to clarify there was no separate overlapping injury ending November 30, 2009 and to fix the section 5500.5 period as May 1, 2010 to May 1, 2011.